Legal Opinion
United States v. Stevens
Supreme Court of the United States
Decided April 20, 2010No. 08-769PublishedCited by 1,222 opinions
1Opinion of the CourtChief Justice Roberts
Congress enacted 18 U. S. C. § 48 to criminalize the commercial creation, sale, or possession of certain depictions of animal cruelty. The statute does not address underlying acts harmful to animals, but only portrayals of such conduct. The question presented is whether the prohibition in the statute is consistent with the freedom of speech guaranteed by the First Amendment.
I
Section 48 establishes a criminal penalty of up to five years in prison for anyone who knowingly “creates, sells, or possesses a depiction of animal cruelty,” if done “for commercial *465gain” in interstate or foreign…
2Cases cited33 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. SalernoSupreme Court of the United States · 1987
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
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3Cited by1,222 opinions
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